School Unions Want to Cancel Labor Hearings, Official Says

By DAVID M. HERSZENHORN

Published: November 11, 2003

Labor unions and elected officials are pressuring the City Council's Education Committee to cancel four days of hearings on union work rules governing teachers, principals and custodians, the committee chairwoman said yesterday.

The chairwoman, Eva S. Moskowitz, also said that many potential witnesses were too scared to testify, describing an atmosphere of fear that she said brought to mind Frank Serpico, the whistle-blower on police corruption who testified for the Knapp Commission in the early 1970's.

''I've been given various explanations as to why we should cease and desist,'' Ms. Moskowitz said at a briefing for reporters. ''People feel their careers are on the line. I've got people on tape who will not reveal their name or allow me to reveal the location of their school.''

But like Mr. Serpico, she said, some will tell their stories. ''There are a few brave souls who are willing to come forward and talk about their experiences,'' she said.

Union work rules are the third rail of city education policy, a major sticking point in contract talks with the unions representing teachers, principals and custodians. Schools Chancellor Joel I. Klein often cites the rules as hindering his efforts to improve the schools.

Labor leaders see the hearings as an attack on the unions, citing in particular the fact that Mr. Klein will be the only person to testify on Monday, the final day, without the unions having a chance to respond.

Reacting to Ms. Moskowitz's allegations, however, the union leaders denied any effort to force cancellation of the hearings.

''I am shocked and disappointed that my request for fairness and the inclusion of a teacher voice in City Council hearings is being so completely mischaracterized,'' the teachers' union president, Randi Weingarten, said in a statement. ''I never asked anyone to call off or postpone the hearings.''

Union officials suggested that Ms. Moskowitz was seeking to bolster her credentials for a run for Manhattan borough president.

Ms. Moskowitz, who is barred by term limits from running for re-election to the Council, dismissed this criticism as ''ridiculous,'' saying, ''Most politicians get ahead by not offending powerful interest groups.''

Union officials also suggested that in exchange for the city's cooperation with her hearings, Ms. Moskowitz had essentially agreed to turn the Council chamber into a platform for Mr. Klein, who has occasionally resisted appearing before the committee because he viewed it as hostile.

Initially, Ms. Moskowitz planned three days of hearings beginning tomorrow. But a fourth day was added with Mr. Klein as the sole witness.

''As a practice, I don't negotiate the format,'' Ms. Moskowitz said in a follow-up interview yesterday. ''Someone has got to go last.''

At her briefing, Ms. Moskowitz said she did not expect any teachers to testify, largely because they were afraid of losing their jobs. ''That we have gotten to the point where people are afraid to talk about what they know best is really discouraging,'' she said.

In an interview, Ms. Weingarten said Ms. Moskowitz had never asked the union to help identify teachers to testify. ''I probably could have gotten tenured teachers to come and testify,'' Ms. Weingarten said. ''She never talked to any of our staff or me about getting teachers to testify.''

Ms. Moskowitz said Ms. Weingarten had initially agreed to testify but then changed her mind. Ms. Weingarten said she had yet to decide whether to testify but was leaning toward doing so.

And Jill S. Levy, the president of the principals' union, said she had always intended to testify and would do so on Friday at a hearing about the principals' contract.

Ms. Levy said the decision to let Mr. Klein testify on the final day of the hearings was ''indicative of the type of poor planning and pandering that is going on here.''

She also issued a statement indicating that her union, the Council of School Supervisors and Administrators, was unhappy with the nature of the hearings and annoyed at the timing because contract negotiations were under way.

''Because C.S.A. is currently negotiating for a new contract, it is inappropriate to discuss any concepts that may become part of the collective bargaining process,'' Ms. Levy's statement said.

Robert J. Troeller, the president of the school custodians' union, said that he was told about the hearings only a week ago and that he immediately informed Ms. Moskowitz of a scheduling conflict that would prevent him from testifying in person.

In a telephone interview from San Diego, where he is attending a conference on workers' benefits and compensation, Mr. Troeller said he had agreed to submit written testimony. He said the union did not object to the hearings.

Mr. Klein's press secretary, Jerry Russo, said the Education Department had agreed to testify but would not negotiate in public.

''Over the next few days we will be appearing at the hearings to answer questions and provide this information to the public,'' Mr. Russo said. ''At the same time, of course, we believe that the proper forum for resolving collective bargaining issues is at the negotiating table.''

Ms. Moskowitz said city education officials had expressed suspicion of the hearings. ''They are used to people being either for them or against them,'' she said. ''But I'm neither for them nor against them. I've got a job to do.''